Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Kelly James Kloss

Case No.: 2018AP651-CR

Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ.

Focus: Sufficiency of Evidence

Kelly Kloss appeals the circuit court’s denial of his motion for postconviction relief from his convictions of solicitation of first-degree reckless injury and solicitation of first-degree recklessly endangering safety. He argues that: (1) solicitation of first-degree reckless injury does not exist as a crime under Wisconsin law; (2) the evidence presented at trial was insufficient to support either conviction; and (3) because solicitation of first-degree recklessly endangering safety is a lesser included offense of solicitation of first-degree reckless injury, his convictions of both of those crimes are multiplicitous and, therefore, his conviction of one of those counts should be reversed. We reject Kloss’s first two arguments, but agree with his multiplicity argument. Accordingly, we affirm in part, reverse in part, and remand with directions.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.